QUESTION: May a district judge conduct settlement conferences for
suits filed (1) in his court or (2) in another judge's court, where he only conveys
settlement offers and asks question? In the conference he sets no values, gives no
opinions, and discloses no confidential information.

ANSWER: Although judges should encourage settlement negotiations, the
described procedure appears to make the judge a mediator. Canon 5E of the Code Of Judicial Conduct
prohibits a judge from being a mediator. Also, Canon
3A(5) states, "A judge...shall not directly or indirectly initiate, permit, nor
consider ex parte or other communications concerning the merits of a pending or
impending judicial proceeding." (emphasis added)

The committee is of the opinion that the use of the settlement procedure outlined above
by a district judge would be a violation of Canons 5E and 3A(5) of the code. Whether the
litigation is filed in the judge's court or any other court makes no difference. The
committee notes that Canon 5E is not applicable to all classifications of judges. See, Canon 8.